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Getting care: your free rights, and who pays.

Last verified 9 Jun 2026 · Source GOV.UK + NHS + Care Act 2014 + Age UK + Carers UK · Publisher: SortedUK Ltd (filed 5 Jun 2026)

If you, or someone you love, is starting to struggle with everyday life, the first step is free — and it's your right. Anyone who appears to need help can ask their council for a care needs assessment under the Care Act 2014, whatever their income or savings. Unpaid carers have a separate free right to a carer's assessment. This guide explains in plain English your two free assessment rights, how the means test works (in England, capital over £23,250 = you pay in full; below £14,250 = income only), what happens to your home, the 12-week disregard and Deferred Payment Agreements, why the £86,000 cap was scrapped, the difference from free NHS care, and the different rules in Scotland, Wales and NI.

£0Both assessments are free, whatever you earn
£23,250Capital above this = you pay full cost (England)
£14,250Below this = council ignores your savings
No capThe £86,000 cap was scrapped in 2024
Read this first — take a breath

Two things people don't realise: the assessment is always free (you never have to be poor, or in crisis, to ask), and asking does not mean you'll be charged. The needs assessment looks at what help would make life work. Money is only worked out afterwards, in a separate financial assessment — and lots of support is free or low-cost.

If care is mainly because of a health condition, it may be fully funded by the NHS (and not means-tested at all). And nobody is forced to sell their home overnight to pay for care. Start with the free call to your council, then read on.

In England, social care is run by your local council under the Care Act 2014. Scotland, Wales and Northern Ireland have their own (more generous in places) rules — see the section near the end. Everything below is the calm version of how it actually works.

Your two free assessment rights

Under the Care Act 2014 (England), there are two separate legal rights to an assessment — both free, and neither depends on your income or savings.

1 · A care needs assessment — for the person who needs care

Where it appears that an adult may need care and support, the council must assess them — free of charge, regardless of finances or whether the council thinks the needs will be "eligible". It looks at the difficulties you have with everyday tasks (washing, dressing, eating, getting around, staying safe) and the outcomes you want. From it, the council decides if your needs are eligible and what could help — which might be care at home, equipment, a care home place, or a personal budget.

2 · A carer's assessment — for the unpaid carer

If you look after a partner, relative, friend or neighbour who couldn't manage without you, you have a separate right (under section 10 of the Care Act) to your own carer's assessment — free, and regardless of how much care you provide or your finances. It looks at the impact caring has on your health, work, wellbeing and the breaks you need. You're entitled to one whether or not the person you care for has had their own assessment.

How to get either one: contact your council's adult social services department (search "[your council] adult social care" or ask via GOV.UK), say you'd like to request a care needs assessment — and a carer's assessment too, if you're caring for someone. You don't need a referral from a doctor.

The means test: who actually pays

If the council agrees you have eligible needs, it does a financial assessment (a means test) to work out how much you contribute. In England, the capital limits for 2025/26 and 2026/27 are:

Your capital (savings, investments, etc.)What you pay
Over £23,250 (upper limit)You pay the full cost of your care — you're a "self-funder". The council still has a duty to assess your needs and can help arrange the care.
£14,250 – £23,250You contribute from your income plus a "tariff income" — the council treats every £250 (or part) over £14,250 as giving you £1 a week of extra income.
Below £14,250 (lower limit)The council ignores your capital entirely. You contribute only from your income (pensions, most benefits), and you must be left with a protected minimum amount to live on.

"Capital" usually means your savings, investments and (for a care home) often your property. The means test also looks at your income, but you're always left with a legally protected minimum — a Minimum Income Guarantee for care at home, or a Personal Expenses Allowance in a care home.

The £86,000 care cost cap was scrapped

You may have read about a planned £86,000 lifetime cap on what anyone pays for personal care. It was cancelled: the government announced on 29 July 2024 that the reforms — due to start in October 2025 — would not go ahead. So there is currently no cap on lifetime care costs in England, and the £23,250 / £14,250 means test above is what applies. Social care funding is under review, so check GOV.UK for the latest.

What happens to your home

This is the worry that stops people asking for help at all. The honest position:

  • Care in your own home: the value of your home is always ignored. It is never counted while you're living in it.
  • Moving permanently into a care home: your property's value can be counted in the means test — but not if a qualifying person still lives there: a partner or spouse, a relative who is aged 60+ or disabled, or a dependent child. Then the home is disregarded.
  • The 12-week property disregard: when you first move permanently into a care home, the council ignores your home's value for the first 12 weeks — giving you time to decide what to do without being pushed into a quick sale.
Deferred Payment Agreement — don't sell in a hurry

If your home would be counted but you don't want to (or can't) sell it straight away, you can ask the council for a Deferred Payment Agreement (DPA). The council pays your care-home fees and the amount is secured against your home, to be repaid later — usually when the property is eventually sold or from your estate. It means you can keep the house (and even rent it out to help cover costs) instead of selling under pressure.

To qualify you generally need a needs assessment showing you need permanent care-home care, less than £23,250 in other (non-property) savings, and a property that isn't already disregarded. Interest and a small admin fee usually apply. Tell the council before the 12-week disregard ends if you want one.

Top-up fees, personal budgets & direct payments

A few terms you'll hear once an assessment is done:

  • Personal budget: if the council funds your care, it works out a personal budget — the amount it thinks your eligible needs cost. You can let the council arrange the care, or…
  • Direct payments: take the money as direct payments and arrange your own care (for example, employing a personal assistant), giving you more control.
  • Top-up ("third-party") fees: if you choose a more expensive care home than the council's personal budget covers, someone (usually a relative) may have to pay a top-up to cover the difference. The council must always offer at least one home that meets your needs within the budget — a top-up should be a genuine choice, not forced.

Is it free NHS care instead?

Free vs paid — check NHS Continuing Healthcare first

Council social care is means-tested — you may have to pay. But if someone's needs are mainly about health (a complex, intense or unpredictable medical condition), their care may be NHS Continuing Healthcare (CHC) — which is fully funded by the NHS, free, and not means-tested at all, including the full cost of a care home.

This matters enormously: the difference between social care and NHS CHC can be the difference between paying tens of thousands of pounds and paying nothing. If there's any significant health need, ask for a CHC assessment. See Sorted's full NHS Continuing Healthcare guide →

Scotland, Wales & Northern Ireland

Everything above is the England system. The other UK nations run their own — and in places they're more generous. The right to an assessment is similar everywhere; the charging rules differ.

The rules are different across the UK

Scotland — free personal care. Under "Frank's Law", personal care (and nursing care) is free to everyone of any age assessed by their council as needing it — since 2002 for over-65s and, from April 2019, for adults aged 18–64 too, regardless of income or capital. You can still be charged for things like accommodation/"hotel" costs in a care home, where Scotland's own capital thresholds apply. Start at mygov.scot.

Wales. The capital limit for care-home fees is £50,000 (2025/26) — far higher than England's £23,250 — and charges for non-residential care (care in your own home) are capped at a maximum of £100 a week. See gov.wales.

Northern Ireland. Social care is delivered by Health and Social Care (HSC) Trusts, not councils. You can ask your local Trust for an assessment, and a means test for residential care broadly mirrors England's system. Start at nidirect.gov.uk and confirm current figures with your Trust.

Do this right now

If you or someone you love is starting to struggle, here's the calm, free order:

Assess, fund, protect — in order
  1. Phone the council's adult social services. Ask for a care needs assessment — it's free, whatever your savings. If you're a carer, ask for a carer's assessment too.
  2. Ask about NHS Continuing Healthcare if there's a significant health need — it's free and not means-tested.
  3. Don't rush to sell a home. Ask about the 12-week disregard and a Deferred Payment Agreement before any decision.
  4. Get free advice. Call the Age UK Advice Line on 0800 678 1602 (8am–7pm, 365 days) or, if you're a carer, Carers UK on 0808 808 7777 (Mon–Fri 9am–6pm).

Caring for an older parent? Check what they may also be owed — Attendance Allowance, Pension Credit, Carer's Allowance and more.

For free, independent help: the Age UK Advice Line (0800 678 1602), Carers UK (0808 808 7777) and Citizens Advice all give free guidance on assessments and paying for care.

Care assessments & paying for care — common questions

Who is entitled to a care needs assessment?

In England, anyone who appears to need care and support can ask their local council for a needs assessment under the Care Act 2014. It must be provided free of charge, regardless of your income, savings or whether the council thinks your needs will be eligible. You don't have to be on a low income to get one. To request it, contact your council's adult social services department and ask for a care needs assessment. The assessment looks at the difficulties you have with everyday tasks and the outcomes you want, and from it the council decides whether your needs are "eligible" and what support could help.

What is a carer's assessment and can I get one?

A carer's assessment is a separate legal right for unpaid carers under section 10 of the Care Act 2014. If you look after a partner, relative, friend or neighbour who couldn't manage without you, you can ask your council for a carer's assessment — for free, and regardless of how much care you provide or your financial situation. It looks at the impact caring has on your life, work, health and wellbeing, and what support might help (for example a break, equipment, or help in an emergency). You're entitled to one whether or not the person you care for has had their own assessment.

How does the means test for paying for care work in England?

After a needs assessment, the council does a financial assessment (means test) to work out what you pay. In England for 2025/26 and 2026/27 the upper capital limit is £23,250 and the lower capital limit is £14,250. If your capital (savings, investments and — for a care home — usually your property) is above £23,250 you pay the full cost of your care as a "self-funder". Below £14,250 the council ignores your capital and you contribute only from your income. Between the two, you contribute a "tariff income" of £1 a week for every £250 (or part) over £14,250.

Will I have to sell my home to pay for care?

Not necessarily. The value of your home is always ignored if you're getting care in your own home. For a care home, your property's value can be counted in the means test — but it is disregarded if a partner, a relative who is over 60 or disabled, or a dependent child still lives there. There's also a 12-week property disregard at the start of a permanent care-home stay, and you can ask the council for a Deferred Payment Agreement: the council pays your care fees against the value of the home and recovers the money later (usually when the property is eventually sold), so you don't have to sell up immediately.

What happened to the £86,000 cap on care costs?

The planned £86,000 lifetime cap on personal care costs in England — first legislated in 2014 and repeatedly delayed — was scrapped. The government announced on 29 July 2024 that the reforms, which had been due to start in October 2025, would not be taken forward. So there is currently no cap on what you may have to spend on care over your lifetime in England. The existing means test (with the £23,250 and £14,250 capital limits) continues to apply. Always check GOV.UK for the latest position, as social care funding is under review.

Sources The free right to a needs assessment and a separate carer's assessment · Care Act 2014 (sections 9 and 10), Carers UK "Carer's assessment" and NHS "Social care and support guide". The means test and capital limits (£23,250 / £14,250, unchanged for 2025/26 and 2026/27) · GOV.UK charging circular 2026 to 2027 and NHS "When the council might pay for your care". Your home, the 12-week disregard and Deferred Payment Agreements · Age UK Factsheet 38 and MoneyHelper "Deferred payment agreements". The scrapped £86,000 cap (announced 29 July 2024) · The King's Fund and Age UK "Changes to social care". Scotland's free personal care · mygov.scot. Wales (£50,000 limit, £100/week non-residential cap) · gov.wales. Northern Ireland · nidirect.gov.uk. Age UK Advice Line 0800 678 1602; Carers UK helpline 0808 808 7777; Citizens Advice. Care thresholds and funding policy change — always check the current figures on GOV.UK and take free advice if unsure. Last reviewed: 9 June 2026.
Your safest next step today

The first step is free — ask for the assessment.

However serious it looks, it can be sorted. Phone your council for a free care needs assessment (and a carer's assessment if you're caring for someone), check whether NHS Continuing Healthcare could cover it for free, and never sell a home in a hurry. Free advice is one call away.

Sourced to GOV.UK · NHS · Care Act 2014 · Age UK · Carers UK · 45+ UK official bodies

Care sorted? Check what else they might be owed.

People arranging care often miss benefits that could pay for it — Attendance Allowance, Pension Credit, Carer's Allowance and more. Sorted's "What am I missing?" cross-checks the UK money routes most people never claim.

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